Arrest records are public documents in Buda, Texas, pursuant to the Texas Public Information Act (Texas Government Code Chapter 552). This legislation establishes the presumption that all government information is available to the public, with certain statutory exceptions. The Act ensures transparency in governmental operations and provides citizens with access to records maintained by public agencies, including those related to arrests made within the jurisdiction of Buda.
The Texas Public Information Act operates under the principle that the public has a right to information concerning governmental affairs. Under Texas Government Code § 552.021, public information is available to the public during normal business hours of the governmental body. Law enforcement agencies in Buda, including the Buda Police Department, maintain arrest records that fall under this provision, making them accessible to members of the public upon proper request.
Members of the public seeking arrest records in Buda, Texas have multiple avenues available for obtaining this information. The following methods are authorized under Texas law for accessing arrest records:
In-person requests may be submitted at the Buda Police Department, located at 405 E. Loop Street, Building 200, Buda, TX 78610. The Records Division is open Monday through Friday from 8:00 AM to 5:00 PM. Requestors must complete a Public Information Request form and provide proper identification.
Electronic requests can be submitted through the City of Buda's official website. The online portal allows for the submission of public information requests pursuant to Texas Government Code § 552.234, which authorizes governmental bodies to accept requests by electronic mail.
Judicial records may be accessed through the Hays County District Clerk's Office, located at 712 S. Stagecoach Trail, Suite 2211, San Marcos, TX 78666. The office maintains records of felony cases processed through the district courts of Hays County, including those originating in Buda.
The Buda Municipal Court maintains records of Class C misdemeanor violations occurring within city limits. The court is located at 405 E. Loop Street, Building 100, Buda, TX 78610, and is open Monday through Friday from 8:00 AM to 5:00 PM.
Pursuant to Texas Government Code § 552.261, governmental bodies may charge reasonable fees for providing copies of public information. The fee schedule is established by the Office of the Attorney General and is subject to periodic revision.
Arrest records maintained by the Buda Police Department and other law enforcement agencies within the jurisdiction typically contain the following categories of information as prescribed by Texas Code of Criminal Procedure Article 60.01:
It should be noted that certain information may be redacted from public arrest records pursuant to exceptions contained in Texas Government Code § 552.108, particularly in cases involving ongoing investigations or where disclosure would interfere with the detection, investigation, or prosecution of crime.
The legal foundation for public access to arrest records in Buda is established through a comprehensive framework of state statutes and judicial precedents. The following provisions govern the accessibility of such records:
Texas Government Code § 552.022 designates certain categories of information as public information, including completed investigations of law enforcement agencies and information contained in police blotter entries. This statutory provision ensures that basic arrest information remains accessible to the public.
The Texas Criminal Justice Information System (CJIS) operates under the authority of Texas Government Code Chapter 411, Subchapter F, which establishes protocols for the collection, maintenance, and dissemination of criminal history record information. Law enforcement agencies in Buda, including the Buda Police Department, contribute arrest data to this system.
The Texas Department of Public Safety serves as the central repository for criminal history information pursuant to Texas Government Code § 411.042. This agency maintains a computerized criminal history database that includes arrest records from jurisdictions throughout the state, including Buda.
Court decisions, including Houston Chronicle Publishing Co. v. City of Houston, 531 S.W.2d 177 (Tex. Civ. App. 1975), have affirmed the public's right to access basic arrest information while recognizing certain privacy interests that may limit disclosure in specific circumstances.
While arrest records are generally public in Buda, Texas law establishes certain restrictions on access to protect privacy interests and the integrity of the criminal justice system. The following limitations apply:
Pursuant to Texas Government Code § 552.108, law enforcement agencies may withhold information if release would interfere with the detection, investigation, or prosecution of crime. This exception is particularly relevant for records related to pending investigations.
Information pertaining to juvenile offenders is subject to heightened confidentiality protections under Texas Family Code Chapter 58. Records of arrests involving individuals under 17 years of age are not generally available to the public.
Texas Code of Criminal Procedure Article 55.03 prohibits the release of expunged records. When an arrest record has been expunged by court order, all agencies must comply with the expunction order and may not disclose the existence of such records.
Records related to deferred adjudication may have restricted access pursuant to Texas Government Code § 411.081, which establishes procedures for the sealing of certain criminal history record information following successful completion of community supervision.
The Buda Municipal Court and other judicial entities may restrict access to certain court records in accordance with Texas Rules of Judicial Administration Rule 12, which governs public access to judicial records.
The expungement process in Buda follows the procedures established under Chapter 55 of the Texas Code of Criminal Procedure. Eligible individuals may petition for the removal of arrest records from public access under the following circumstances:
An individual is eligible for expungement under Texas Code of Criminal Procedure Article 55.01 if:
The petition for expungement must be filed in the district court of the county in which the arrest occurred. For Buda arrests, this would typically be the Hays County District Court, located at 712 S. Stagecoach Trail, San Marcos, TX 78666.
The petitioner must provide notice to all agencies that may possess records subject to expungement, including the Buda Police Department, the Hays County Sheriff's Office, and the Texas Department of Public Safety.
Upon granting an expunction order, the court will direct all relevant agencies to return all records and files subject to the order to the court, or if removal is impracticable, to obliterate all portions of the record or file that identify the petitioner.
Pursuant to Texas Code of Criminal Procedure Article 55.03, once an expunction order is final, the release, maintenance, dissemination, or use of the expunged records is prohibited, and the person may deny the occurrence of the arrest and the existence of the expunction order.